Harvey Updyke Jr. to be released Monday from Lee County jail

Harvey Updyke Jr., seen here Feb. 13, is scheduled to be released Monday from the Lee County jail after serving the remainder of a 6-month sentence for poisoning the Toomerâs Oaks. (Julie Bennett / jbennett@al.com)

OPELIKA, Alabama – Harvey Updyke Jr. is scheduled to be released Monday from the Lee County jail after serving the remainder of a 6-month sentence for poisoning the Toomer’s Oaks.

Updyke was sentenced to 6 months in jail under a 3-year split sentence and now must serve five years of supervised probation after his release. Updyke had 104 days of jail credit at the time of his sentencing on March 22.

Updyke, 64, pleaded guilty to one count of unlawful damage of an animal or crop facility as part of a plea agreement with prosecutors. Updyke poisoned the iconic oaks on the Auburn University campus sometime after the 2010 Iron Bowl. The oaks were cut down on April 23, and the university plans to replace them as part of a redesign of Toomer’s Corner.

District attorney Robbie Treese and defense attorney Andrew Stanley said supervision of Updyke’s probation will likely be transferred to Louisiana, where Updyke will live with family.

Stanley said he will know how Updyke’s probation will be handled after meeting with Lee County probation officers on Monday.

Under probation, Updyke is forbidden from attending any collegiate sports event, has a 7 p.m. curfew, cannot talk with the media, and is banned from any Auburn University property. Updyke is also forbidden from going to the Lowe’s Home Improvement store in Hammond, La., where he was arrested in September 2012 and is required to abide by all the directives of the judge presiding in that case.

The Lee County court has yet to take up the question of restitution. The Lee County District Attorney's Office is seeking $1 million in restitution for the poisoning of the oaks. The amount is based on the cost incurred by the university while trying to save the trees and the estimated cost of their replacement.